In the preliminary objection earlier filed by Oshiomole’s lawyer, Damian Dodo (SAN), on November 6, 2019, Oshiomhole and the APC had contended that they were resident in Abuja and the press conference which gave rise to the suit was also held in Abuja and the court therefore lacked territorial jurisdiction to entertain the suit as it ought to have been instituted at the High Court of the Federal Capital Territory (FCT). While dismissing the objection, the trial Judge agreed with the counter arguments of the lead counsel to Governor Samuel Ortom, Mr. Samuel Irabor, that by paragraph 2 of the governor’s statement of claims, he gave facts that the APC carries out the business of political participation, interest aggregation and mass mobilization through its Benue Chapter office located at No. 73, J. S. Tarka Way, Makurdi.
He held that by Order 3, Rule 4 of the Benue State High Court Civil Procedure Rules, 2007, a suit can be commenced where one of the defendants is shown to be resident or carries out business within the jurisdiction of the Court.
